3 defendants cut from fired Sophia cop's lawsuit - WVVA TV Bluefield Beckley WV News, Weather and Sports

3 defendants cut from fired Sophia cop's lawsuit

Posted:

MORGANTOWN, W.Va. (AP) -- A judge says a fired Sophia police officer can proceed with most of the claims he makes against two Beckley officers in a civil rights lawsuit against them and his former employers.

U.S. District Judge Irene Berger dismissed claims against a police investigator, Frank Priddy, and two other unidentified officers that Damon McDowell sued.

But last week's ruling lets most allegations against Beckley officer Timothy Capehart and another unidentified officer stand.

Because McDowell isn't suing the city of Beckley, Berger says he can't sue officers in their official capacity. He can, however, sue Capehart and the other officer as individuals.

Berger says McDowell has presented adequate facts suggesting the officers' conduct may have been racially motivated and done in collaboration with Sophia's police chief.

All defendants have denied any wrongdoing.

Powered by WorldNow
All content © Copyright 2000 - 2013 WorldNow and WVVA.
All Rights Reserved. For more information on this site, please read our Privacy Policy and Terms of Service.

Persons with disabilities who need assistance with issues relating to the content of this station's public inspection file should contact Administrative Assistant Audrey Sluss at (304) 324-0659. Questions or concerns relating to the accessibility of the FCC's online public file system should be directed to the FCC at 888-225-5322, at 888-835-5322 (TTY) or at fccinfo@fcc.gov.